Built Works Registry Terms and Conditions of Use—

The Built Works Registry (“BWR”) is a registry of data records relating to architectural works and the built environment, along with other content (such as data, commentary and images) that facilitates the identification and description of built works. The BWR is being developed by Columbia University’s Avery Architectural & Fine Arts Library (“Columbia”), the J. Paul Getty Trust, operating as the Getty Research Institute (“Getty”), and ARTstor Inc. (“Artstor” and, together with Columbia and Getty, the “Founders”), in support of the Founders’ respective nonprofit missions.

By accessing or using the BWR, or any portion thereof, or any software or other tools provided by a Founder to facilitate access to and use of the BWR (“Access Tools”), or by posting, uploading or otherwise contributing to the BWR any data record, image, commentary, adaptation or any other material (“Your Content”), you agree to the following terms and conditions of use (these “BWR Terms”):

1. Licenses.

Subject to these BWR Terms, you are hereby granted a limited, non-exclusive, worldwide, royalty-free and free of charge license to access and link to the BWR, and to download and use any individual BWR records, including to incorporate, reproduce, distribute, modify, adapt, display, perform and make derivative works of such records, for any noncommercial, educational and scholarly purpose, provided you indicate that you have obtained such records from the BWR. You may not download substantial portions or the entire BWR without prior written approval from the Founders.

To the extent you post, upload or otherwise contribute Your Content to the BWR, you hereby grant the Founders and all institutional and individual users accessing the BWR or any portion thereof, whether in the BWR or in other databases or materials in which a portion or all of the BWR may appear, a perpetual and irrevocable, worldwide, nonexclusive, sublicensable and assignable, royalty-free and free-of-charge license to incorporate, reproduce, distribute, modify, adapt, display, perform and make derivative works of Your Content, or any portion thereof, for any noncommercial, educational and scholarly purpose. To the extent you identify yourself in connection with Your Content, such identification or attribution may be, but is not required to be, associated with Your Content. This license extends to all technology and media, whether now known or later developed. Nothing herein grants the Founders any ownership rights to Your Content or grants you any ownership rights to content, software or other tools made available through the BWR by anyone other than you. To the extent Your Content includes non-copyrightable facts and data, nothing herein prohibits anyone from using such facts and data for any lawful purpose.

Should you attach any licensing terms to Your Content, you agree that those terms will not impose any obligations, liability, or restrictions of any kind on any of the Founders or conflict with these BWR Terms. In the event of a conflict between your licensing terms and these BWR Terms, these BWR Terms will prevail.

2. BWR Terms.

You will use the BWR and the Access Tools only in accordance with these BWR Terms. Notwithstanding anything in these BWR Terms to the contrary, Artstor may at any time remove from its servers any content that violates these BWR Terms, and take other reasonable steps to enforce these BWR Terms or to facilitate the administration of the BWR, including but not limited to terminating your license and access to the BWR or the Access Tools without notice and in Artstor’s sole discretion. The Founders may change these BWR Terms at any time, and Artstor will make available the current BWR Terms on the BWR website. Your continued use of the BWR, the Access Tools, or any portion thereof, constitutes your agreement to the modified BWR Terms.

3. Internet Intermediary.

The Founders do not select Your Content and under no circumstances will any Founder be liable in any way for Your Content, including, but not limited to, any error or omission in Your Content; any loss, injury, third party’s claim or demand (whether threatened, asserted or filed, “Claim”), liability, damages, costs, or attorney fees of any kind incurred in connection with Your Content, including the access, use, reproduction, display, performance, or distribution of Your Content; or any loss, injury, Claim, liability, damages, costs, or attorney fees of any kind should Your Content violate or infringe any third party right, including, without limitation, any patent, trademark, trade secret, copyright or other proprietary or contractual right (“Third Party Right”) or any jurisdiction’s law, statute, or regulation (“Law”). You will be solely responsible for ensuring that Your Content, and the sharing of such content, does not violate any Third Party Right or any Law.

The Founders are relying on the online service provider protections of the Digital Millennium Copyright Act at 17 U.S.C. § 512 (“DMCA”) in providing the BWR and Access Tools. Artstor is required under the DMCA to expeditiously remove from its servers or disable access to content posted using Artstor’s Access Tools where Artstor learns or becomes aware that such content may infringe the copyright of a third party. It is Artstor’s policy to terminate a user’s access to Artstor’s Access Tools when that individual or institution repeatedly infringes another’s copyright. Consistent with applicable Law, Artstor reserves the right to expeditiously remove any of Your Content, or links thereto, from its servers that allegedly infringe a third party’s copyright or the other provisions of these BWR Terms, and to terminate access to Artstor’s Access Tools by an individual or institution that is a repeat infringer. Artstor will in no way be held liable for terminating access to such content or its Access Tools or for the failure to notify you in advance of disabling access to or removing from its servers such content. For more information about what should be included in requests to remove copyrighted content, please see the “Copyright” section of Artstor’s website.

No Founder is the publisher or speaker of Your Content, as set forth in the Communications Decency Act, 47 U.S.C. § 230(c)(1), and no Founder will be liable for, or for any failure or delay in removing, Your Content.

4. Prohibited.

You will not, and will not authorize or assist others to: (a) upload, post, use, reproduce, display, make performances of, distribute, modify or adapt, or otherwise make available any content or other materials to or through the BWR or the Access Tools, or otherwise use the BWR or the Access Tools or any portion thereof, in a manner that violates or infringes any Third Party Right or any Law or that is abusive or derogatory of others; (b) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the BWR or the Access Tools or modify, obscure, or remove any copyright, trademark or other intellectual property notices or licensing terms; (c) take any action to interrupt, destroy or limit the functionality of any Access Tools or other Founder computer software or hardware or telecommunications equipment; (d) circumvent, modify, disable, or override any encryption or control features or other protections in the BWR or the Access Tools; (e) access or use the BWR or the Access Tools to spam or send or procure the sending of any unsolicited advertising or promotional material; (f) intentionally interfere with or disrupt the BWR or the Access Tools or their servers or networks; (g) attempt to reproduce, distribute, modify, adapt, translate, convert to another programming language, decompile, disassemble, or reverse engineer the Access Tools or any of their components, in whole or in part, for any purpose, unless expressly permitted in advance in writing by their owner; or (h) copy, sell, trade, resell, or exploit for any commercial purpose the BWR or the Access Tools or any portion of the BWR or the Access Tools. Notwithstanding the foregoing, nothing in these BWR Terms is intended to limit the application or scope of the United States fair use doctrine or other copyright exceptions or limitations under any applicable Law.

5. Third Party Content.

The Founders may make available certain controlled vocabularies or other content that is proprietary to themselves or third parties, as a service to BWR users. You will comply with any terms of use associated with such materials.

6. Links.

The BWR may be accessible from links within related or unrelated websites and resources. The Founders will not be liable for any loss, injury, Claim, liability, damages, costs, or attorney fees of any kind arising out of or in connection with such websites, resources or links. The Founders do not control, take no responsibility for, make no representations or warranties about, and do not endorse, Your Content, or any third-party sites or materials accessible through links in the BWR or the Access Tools.

7. Intellectual Property.

a. Proprietary Rights. Except to the extent that a Founder expressly shares components of its Access Tools on an open source basis, such Founder’s Access Tools and all related documentation are proprietary to such Founder or third parties and are protected by Law, and nothing herein is intended to transfer or otherwise provide you with any rights of any kind to such materials, except for the limited license granted herein. You will not take any action that would impede, limit, or alter such Founder’s or any third party’s ownership rights in the Access Tools or any related documentation.

b. Marks. Logos, trade names, and other marks used to identify the Founders or their activities are protected by Law. You may not use the Founders’ name or other marks in any way likely to cause confusion as to the origin of goods or services, or to endorse you or show your affiliation with any Founder, except as specifically approved in writing by such Founder.

8. Shared Shelf Terms.

Shared Shelf is the Artstor media management software and tools that enable users to manage, store, use, and publish content (“Shared Shelf”). “Shared Shelf” refers to software platforms and tools only, and not to any content made available through it. To the extent you use Shared Shelf or a portion of Shared Shelf to access or use or contribute in any way to the BWR, you agree to the Shared Shelf terms and conditions of use, available on the Artstor website and through Shared Shelf (the “Shared Shelf Terms”). In case of a conflict between the Shared Shelf Terms and these BWR Terms, as it relates to the access and use of Shared Shelf, the Shared Shelf Terms will prevail.

9. Privacy Policy.

You accept the Artstor Privacy Policy, available on the Artstor website, as it may be amended.

10. Disclaimer.

Except as expressly set forth in these BWR Terms, the BWR and the Access Tools are being provided on an “as is” basis, and the Founders disclaim to the fullest extent of the Law any liability, warranties, conditions, guarantees and representations of any kind (express, implied, oral, or written) in connection with the BWR, the Access Tools, Your Content, and any components or portions thereof, including without limitation any warranties of quality, performance, compatibility, merchantability, accuracy, security, or fitness for a particular purpose. The Founders make no warranties with respect to harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program, but Artstor will exercise a reasonable level of care to prevent such occurrences. The Founders disclaim any liability and make no warranties with respect to liability under libel Laws; infringement of rights of publicity or privacy, moral rights, related or neighboring rights; and any Claims of any kind relating to links between the Founders’ and other sites or the content on such linked sites.

11. Limitation of Liability.

The Founders will in no way be liable for any loss, injury, Claim, liability, damages, costs, or attorneys’ fees or costs (a) in connection with the creation or distribution of the BWR and its use, including, without limitation, any distribution, display, performance, reproduction, adaptation or modification of any BWR record and Your Content, and any errors and omissions in the BWR or any portion thereof; (b) for any violations of these BWR Terms by you or anyone else; (c) resulting from the unavailability of the BWR or the Access Tools; (d) arising out of, or in connection with, any party’s use, reproduction, display, distribution, or performance or access of the BWR or the Access Tools; (e) related to any third-party hardware, software or services used in connection with the BWR or the Access Tools; (f) related to their actions pursuant to any DMCA obligations; or (g) or any incidental, indirect, special, punitive or consequential damages, notwithstanding the failure of essential purpose of any limited remedy.

12. Indemnification.

You will indemnify, defend, and hold harmless each Founder, its affiliates, employees, officers, directors, trustees, agents, collaborators, licensors, and licensees (the “Indemnified Parties”) with respect to all costs, damages, reasonable attorneys’ fees, and other reasonable expenses arising out of any Claim against the Indemnified Parties, but only if such Claim is related to Your Content or its removal; your violation of these BWR Terms or applicable Law; or if a Founder acts pursuant to its DMCA obligations, including without limitation terminating your access to Your Content or the Access Tools. This indemnification obligation will survive the termination or expiration of these BWR Terms and your use of the BWR and the Access Tools.

13. Notification.

If any Claim is asserted against you in connection with the BWR, the Access Tools or any other Artstor software, or any portion of the BWR, the Access Tools or any other Artstor software, or in connection with sharing or uploading Your Content to the BWR, you will immediately notify Artstor and reasonably cooperate in its defense, as required by Artstor. Artstor reserves the right (but not the obligation), at its own expense, to assume the exclusive defense and control of any such matter.

14. General.

a. Governing Law. These BWR Terms will be governed by and construed in accordance with the laws of the State of New York in the United States of America. You expressly agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to these BWR Terms.

b. Venue. All actions and disputes arising out of or in connection with these BWR Terms will be subject to the exclusive jurisdiction of the state and federal courts of New York County, New York, and you consent to the personal jurisdiction of such courts.

c. No Agency, Joint Venture or Partnership. Nothing contained in these BWR Terms will be deemed to create an agency, joint venture, or partnership relationship between you and any Founder.

d. Waiver or Invalidity of any Provision or Breach. Waiver of any provision herein will not be deemed to be a waiver of any other provision herein, nor will waiver of any breach of these BWR Terms be construed as a continuing waiver of other breaches of the same or other provisions of these BWR Terms. If any provision of these BWR Terms is held to be invalid, illegal, unenforceable, or in conflict with any Law, the validity, legality, and enforceability of the remaining provisions will not in any way be affected or impaired.

e. International Use. You will comply with all applicable export and import Laws. You represent and warrant that you are not a prohibited party identified on any government export inclusion list or a member of a government of any other export-prohibited country as identified in applicable export and import Law. You will not use the BWR or the Access Tools (a) to transfer software, technology, and other technical data to export-prohibited parties or countries; (b) for military, nuclear, missile, chemical or biological weaponry end uses in violation of U.S. export laws; or (c) to transfer, upload, or post any software, technology or other technical data in violation of U.S. or other applicable export or import rules. Artstor may revoke access to its Access Tools in any country outside the United States of America if warranted, in Artstor’s sole opinion, by applicable Law.